Your Rights as a Driver if You Hit a Stationary Object

If you are involved in a road traffic accident that involves a stationary object, it will often be assumed that you are automatically at fault – because you were driving a moving vehicle and the object or car that you hit was still - but is this always the case?

There are lots of accidents including stationary objects every day, most often involving skips, a car being parked in an unusual or dangerous place or unlit road works, and you might find that whoever left the object there may be liable to some extent.

What To Do If The Accident Was Not Your Fault

Whether the stationary object that you hit was in the road itself or at the side of it, if you feel that the collision wasn’t entirely your fault you should make notes and take photographs of the scene and the object in question so that you can provide evidence if the matter is investigated further by the police or by your insurance company.

There are several factors from which it can determined whether or not you are considered to be responsible for the incident. To determine this you will need to pull over as soon as it is safe to do so and return to the scene of the bump and consider the following questions:

• Was the item marked so that it was visible to an approaching driver?
• If the collision occurred at night was the object lit so that approaching driver could see it clearly and give themselves time to avoid it? In the case of skips there should be flashing lights to indicate where the skip starts and ends, and how far away from the road it is.
• If the object was not clearly lit or made visible then the owner is responsible. This is usually in the case of parked cars or private skips. If there were roadworks involved, or a hole dug in the road, then whoever is in charge of carrying out the work is responsible and needs to be contacted. You may need to check the item carefully to see if you can figure out who the owners are - a utility company such as gas, electricity or water board, a contractor carrying out work for a private or public company, or perhaps a local authority. Make a note of the owners contact details, or ask around to find out who the obstruction belongs to or is the responsibility of.
• Once you have this information, set about taking any photographic evidence that you can to prove your point.
• If the object was unlit or in a dangerous position, make sure you take photographs that illustrate this, and try to include something in the photograph that can indicate scale - for example, a CD.
• If the object has been left actually on the road in an unsafe position or in a way that contravenes the highway code then the owner of the vehicle or object may be found to be liable for the accident.
• If there have been any previous accidents or issues caused by the obstruction, then it is likely that this could count as evidence that the object was the reason that the accident took place, or at least was a contributing factor.
• If possible you should gather any witness who saw the collision and would be willing to say that the object you hit constituted a dangerous obstruction, and that it was not your fault that you could avoid it.

It’s always worth remembering that without proof to the contrary, it is likely that a court or insurance company will believe that it is your fault and will assume either a fault claim or a split fault claim with the owner of the object. So the best tip is for you to collect as much information and evidence from the scene as you can, to corroborate your story.